Gorman v. Gorman’s Empirical Analysis

Citation profile

4 federal appellate · 8 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is . . . clear that the inclosed and referred to papers do not constitute, either singly or collectively, a memorandum that will satisfy our statute of frauds. ... “This court uniformly has construed our statute to mean that, while the written memorandum of the contract need be signed by the vendor only, it must be delivered to and accepted by the vendee before the contract becomes enforceable by either party. Duteil v. Mullens, 192 Ky. 616 , 234 S. W. 192 , 20 A. L. R. 361. “This means, of course, that in this state the memorandum must acquire the element of mutuality before it can animate the proscribed verbal contract, and this necessarily involves the intention and purposes of the parties as expressed in the delivered and accepted instrument. . . . “This does not mean, of course, that correspondence through letters or telegrams, or both, will not satisfy our statute, if a contract and its essential terms are thereby shown, but only that there was no correspondence between the parties here showing that they had ever contracted at all. ’ ’”

   1 later decision quote this exact passage
   e.g. Vogt v. Newmark Company